[Vision2020] Usenet USA Libel Suit?

[Ted Moffett]

Dale et. al.

So according to the facts you presented, First Step cannot be sued for the 
appearance of libelous material via V2020 if they are made aware of it and 
the material is removed from the archives.  Of course the damage to 
reputation and livelihood may have already occurred, so basically First Step 
is still off the hook for this damage.  This was my point about ISPs being 
immune from libel suit.  The person who posted the libelous material on 
V2020 might be held legally accountable though.  All First Step must do is 
remove the material from the archives, and no suit against them proceeds, 
though actionable libelous material might have been distributed via V2020.

This was my understanding.

Therefore a lawsuit against First Step will not prevent anyone from 
continuing to post potentially liable material, and First Step has no 
obligation to prevent potentially libelous material from being distributed, 
only to remove it from the archives once they are made aware of it.

Perhaps if someone took out an ad in the Daily News, and informed V2020 also 
on the list, and directly to First Step management, that they were going to 
post on V2020 scandalous lies etc. about someone whose reputation and 
livelihood would be likely damaged by the distribution of this info.  And if 
they also gave the e-mail address and name under which they were going to 
register with V2020, would First Step then have a legal obligation to block 
this libelous material from appearing via V2020?

For 100 dollars an hour you can have a lawyer answer this question.  To 
expect local lawyers to give out free legal advice on V2020 is be an 
idealist of the most extreme kind.  Ha!

I believe some thought that First Step had a before the fact legal 
obligation to prevent potentially libelous material from being distributed 
via V2020, which in fact I think they do not, unless the unusual example I 
gave, or one like it, applies.

Thanks for your info.

Ted


>From: "Dale Courtney" <dale@courtneys.us>
>To: <vision2020@moscow.com>
>Subject: Re: [Vision2020] Usenet USA Libel Suit?
>Date: Wed, 25 Jun 2003 16:17:38 -0700
>
>Ted wrote:
> > Please do provide a court case within the USA where libel in a Usenet
>forum
> > has been successfully pursued.  I have seen very abusive content on 
>Usenet
> > newsgroups yet have yet to hear of a successful libel suit.
>
>There are three cases of interest:
>-Cubby, Inc. vs. CompuServe Inc., 776 F.Supp. 135(S.D.N.Y. 1991)
>-Stratton Oakmont vs. Prodigy (1995)
>-Zeran vs. America Online (1996)
>
>You can read about these and subsequent cases over at:
>http://cse.stanford.edu/class/cs201/Projects/defamation-and-the-internet/sections/precedent/cases.html
>
>What you are *really* interested in is the liability of ISPs. See:
>http://cse.stanford.edu/class/cs201/Projects/defamation-and-the-internet/sections/liability/index.html
>
>Bottom line:
>1. Common Carriers -- like the telephone companies. These are not liable 
>for
>what is said/published.
>2. Publishers -- like the Daily News. These *are* liable for what is
>published.
>3. Distributors -- like a news stand. These are *not* liable *until they 
>are
>aware that libelous material is in their distribution*.
>
>In the case of Cubby, Inc. vs. CompuServe Inc. {776 F.Supp. 135(S.D.N.Y.
>1991)}, Compuserv was found not liable becuase they were unaware of the
>content. *However*, the judge ruled that Compuserv *would* have been liable
>*if* they had been made aware and had *not* acted upon it.
>
>My understanding -- FSR, as a *distributor* is liable for all libelous
>material once they have been made aware of it. The correct course of action
>is to delete it from the Vision2020 archives (as has been done in the 
>past).
>
>I'm not a lawyer, but that's my understanding from reading the case laws
>that are out there.
>
>Best,
>Dale Courtney
>Moscow, Idaho
>
>_____________________________________________________
>  List services made available by First Step Internet,
>  serving the communities of the Palouse since 1994.
>                http://www.fsr.net
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